Submission from
Jamaicans for Justice (JFJ)
For consideration in the formulation of the
List of Issues by the Human Rights Committee’s Task Force
during the 100th Session
(11-29 October 2010)
Jamaica’s human rights track record will be reviewed by the Human Rights Committee on 19-20 October 2011. J-FLAG has contributed to report written by Jamaicans for Justice that assess the application of human rights in Jamaica. The report entitled “Civil Society Response to the List of Issues” offers 95 recommendations to the government on issues ranging from, but not limited to, impunity and extrajudicial killings, children’s rights, gay rights, persons with disabilities and discrimination.
The Human Rights Committee is the UN body that monitors the extent to which governments protect and promote the human rights of persons as per the International Covenant on Civil and Political Rights (ICCPR).
Jamaica is reviewed by the Committee every 3-5 years by the Human Rights Committee. This will be the third time that Jamaica’s human rights track record will scrutinized on the international stage.
Other Jamaican NGOs contributing to the report are Hear the Children Cry, Independent Jamaican Council of Human Rights (IJCHR), Jamaican Community of HIV Positive Women, Mensana, Stand Up for Jamaica and Women’s Resource & Outreach Centre (WROC).
To view both the civil society report as well as the government’s report on the implementation of the ICCPR click on the following links below:
http://jamaicansforjustice.org/docs/110921H934.pdf – State of Jamaica: NGO Report on the Implementation of the ICCPR (prior to the adoption of the list of issues)
http://jamaicansforjustice.org/docs/110921H342.%202011%29 – Civil Society Report on the Implementation of the ICCPR (replies to the list of issues)
Text adopted from Jamaicans for Justice
A shadow report on the human rights situation of LGBT people in Jamaica was written and submitted through the collaborative efforts of Jamaica Forum for Lesbians, All-Sexuals, & Gays (J-FLAG), Women for Women (Kingston), Heartland Alliance, International Gay and Lesbian Human Rights Commission (IGLHRC), AIDS-Free World (AFW), and The George Washington University Law School International Human Rights Clinic.
Visit this link for a copy: http://www2.ohchr.org/english/bodies/hrc/docs/ngos/LGBT_Jamaica103.pdf
Human Rights Violations of Lesbian, Gay,
Bisexual, and Transgender (LGBT) people in
Jamaica:
A Shadow Report
Submitted for consideration at the 103rd Session of the Human
Rights Committee
October 2011, Geneva
Submitted to the United Nations Human Rights Committee by:
• Jamaica Forum for Lesbians, All-Sexuals, & Gays (J-FLAG)
• Women for Women (Kingston, Jamaica)
• Heartland Alliance for Human Needs & Human Rights
• International Gay and Lesbian Human Rights Commission (IGLHRC)
• AIDS-Free World (AFW)
• The George Washington University Law School International Human Rights
Clinic
I. Introduction
This shadow report on the human rights situation of LGBT people in Jamaica was written and
submitted through the collaborative efforts of Jamaica Forum for Lesbians, All-Sexuals, & Gays
(J-FLAG), Women for Women (Kingston), Heartland Alliance, International Gay and Lesbian
Human Rights Commission (IGLHRC), AIDS-Free World (AFW), and The George Washington
University Law School International Human Rights Clinic.
Jamaica became party to the International Covenant on Civil and Political Rights (“ICCPR”) on
October 3, 1975. Jamaica submitted its second report for Universal Periodic Review (“UPR”)
under Article 40 of the ICCPR was in January 1997.
2
In its concluding observations in response to that report, the Human Rights Committee (“HRC”) expressed its hope at that time that the new Jamaican Charter of Fundamental Rights and Freedoms (“Charter”) would explicitly prohibit of discrimination on the grounds of sex, and that any conflict between provisions of Section 24 of the Jamaican Constitution and the ICCPR be eliminated.
3
Since that time, however, Jamaica, has not complied with the HRC’s recommendations. Rather than prohibiting discrimination on the grounds of “sex,” the new Charter prohibits discrimination on the ground of being “male or female.” This language serves to circumvent protections guaranteed under the ICCPR by
excluding from the Charter the prohibition of discrimination on the basis of sexual orientation
and gender identity, which the HRC has found to be protected grounds under the category of
“sex.”
4
Jamaica failed to submit its third UPR report in 2001, but submitted its combined third
and fourth reports on July 20, 2009.
5
As recently as June 2011, the Human Rights Council has reaffirmed its commitment to LGBT
issues through passage of Resolution 17/19, entitled Human rights, sexual orientation and
gender identity.
6
The passing of this resolution stresses the importance of LGBT-identity related
1
This report was primarily authored by Laetitia Jojic (JD ‘11, George Washington University Law School), under the supervision of Professor Shana Tabak of the George Washington University Law School, International Human Rights Clinic, with significant assistance provided by Supraja Murali (JD Candidate 2012, George Washington University Law School) and Timothy Merlo (JD Candidate 2012, George Washington University Law School).
Special thanks to Stefano Fabeni (Heartland Alliance, Director of Global Initiative for Sexuality and Human Rights) for extensive guidance in the drafting of this report, and to the numerous Jamaican activists and civil society organizations who contributed valuable information, reports and comments throughout the drafting of this report. Questions regarding this report may be addressed to Professor Shana Tabak, George Washington University, stabak@law.gwu.edu.
2
U.N. Human Rights Comm. [ICCPR], Consideration of Reports Submitted by States Parties under Article 40 of the Covenant, Second Periodic Report of States Parties due 1986, Addendum, Jamaica, U.N. Doc. CCPR/C/42/Add.15
(Mar. 7, 1997).
3
U.N. Human Rights Comm. [ICCPR], Consideration of Reports Submitted by States Parties under Article 40 of the Covenant, Concluding Observations of the Human Rights Committee, Jamaica, ¶4, U.N. Doc. CCPR/C/79/Add.83
(Nov. 19, 1997).
4
Toonen v. Australia, U.N. Human Rights Comm., Commc’n. No. 488/1992, ¶ 8.7, U.N. Doc.
CCPR/C/50/D/488/1992 (1994).
5
U.N. Human Rights Comm. [ICCPR], Consideration of Reports Submitted by States Parties under Article 40 of the Covenant, Third Periodic Report of States Parties, Jamaica, ¶ 1, U.N. Doc. CCPR/C/JAM/3 (July 20, 2009)
[hereinafter Jamaica Third Periodic Report].
6
U.N. Human Rights Council, Resolution 17/19, Human rights, sexual orientation and gender identity, U.N. Doc.
A/HRC/17/L.9/Rev.1 (June 17, 2011).
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